Wyoming 2025 Regular Session

Wyoming House Bill HB0162 Latest Draft

Bill / Introduced Version Filed 01/13/2025

                            2025
STATE OF WYOMING
25LSO-02921HB0162
HOUSE BILL NO. HB0162
Interactive gaming.
Sponsored by: Representative(s) Davis, Brown, L, Larson, JT 
and Tarver and Senator(s) Barlow, Pappas and 
Schuler
A BILL
for
1 AN ACT relating to gaming; authorizing interactive gaming; 
2 providing for regulation by the Wyoming gaming commission; 
3 imposing fees; providing for the collection and 
4 distribution of revenues from interactive gaming; providing 
5 for the distribution of interactive gaming revenues; 
6 requiring rulemaking; creating criminal offenses and 
7 providing criminal penalties; and providing for effective 
8 dates.
9
10
11
12W.S. 9-24-201 through 9-24-207 are created 
13 to read:
14
15 ARTICLE 2 2025STATE OF WYOMING25LSO-02922HB0162
1 INTERACTIVE GAMING
2
3
4
5 (a)  As used in this article:
6
7 (i)  "Commission" means the Wyoming gaming 
8 commission;
9
10 (ii)  "Interactive game" means an internet based 
11 version or variation of poker, blackjack or any other card, 
12 slot or gambling game typically offered in a casino and 
13 approved by the commission, in which: 
14
15 (A)  A person wagers money or something of 
16 monetary value for the opportunity to win money or a thing 
17 of monetary value; 
18
19 (B)  The outcome of the game may be 
20 determined by a random number generator, or a skill element 
21 may be essential to the game's outcome, depending on the 
22 type of game utilized; and
23 2025STATE OF WYOMING25LSO-02923HB01621 (C)  The game is accessed by the player 
2 using a computer, digital platform or mobile application on 
3 a mobile device that is connected to the internet.
4
5 (iii)  "Interactive gaming" means engaging in 
6 interactive games conducted by an interactive gaming 
7 operator over the internet by use of a computer, digital 
8 platform or mobile application on a mobile device, that 
9 uses communications technology to accept wagers. 
10 Interactive gaming shall not include any of the following 
11 gaming activities: 
12
13 (A)  Activities, other than interactive 
14 gaming, that are exempted from criminal penalties under 
15 W.S. 6-7-101 through 6-7-104;
16
17 (B)  Activities outside of this article 
18 authorized or regulated by the commission;
19
20 (C)  Lotteries authorized by law;
21
22 (D)  Fantasy sports contests; 
23 2025STATE OF WYOMING25LSO-02924HB01621 (E)  Interactive games offered exclusively 
2 on Indian lands by an Indian tribe operating in accordance 
3 with a Tribal-State gaming compact and authorized to 
4 conduct class III gaming pursuant to federal law. For 
5 purposes of this article, an interactive game is conducted 
6 exclusively on Indian lands only if the person 
7 participating in interactive gaming is physically present 
8 on Indian lands when the interactive game is initiated and 
9 the game is offered by an Indian tribe operating on the 
10 same Indian lands as an intratribal transaction under 31 
11 U.S.C. § 5362(10)(c).
12
13 (iv)  "Interactive gaming operator" means any 
14 qualified gaming entity permitted by the commission to 
15 accept interactive gaming wagers;
16
17 (v)  "Interactive gaming revenue" means the total 
18 amount of all wagers placed by persons with an interactive 
19 gaming operator using cash or cash equivalents, excluding 
20 free wagers and promotional play, minus all payments to 
21 patrons and minus any applicable federal excise taxes. 
22 Payments to patrons include all payments of cash, cash  2025STATE OF WYOMING25LSO-02925HB0162
1 equivalents, merchandise and any other thing of monetary 
2 value;
3
4 (vi)  "Interactive gaming vendor" means a vendor 
5 that provides services to an interactive gaming operator 
6 which directly affect wagering, play or results of 
7 interactive gaming including geolocation services, know 
8 your customer services, payment processors and game 
9 providers;
10
11 (vii)  "Live game simulcast" means an interactive 
12 live feed of an interactive game that is conducted at a 
13 live interactive game studio and in which participants have 
14 the ability to wager in real time;
15
16 (viii)  "Live interactive game studio" means a 
17 physical location that utilizes live video and audio 
18 streaming technology to provide an interactive gaming 
19 operator with a live game simulcast;
20
21 (ix)  "Patron" means a person who places an 
22 interactive gaming wager;
23 2025STATE OF WYOMING25LSO-02926HB01621 (x)  "Permissible jurisdiction" means a 
2 jurisdiction other than Wyoming where wagers on interactive 
3 gaming may be accepted pursuant to an interactive gaming 
4 reciprocal agreement;
5
6 (xi)  "Qualified gaming entity" means a gaming 
7 entity that offers interactive gaming through computers, 
8 digital platforms or mobile applications on a mobile device 
9 in not less than three (3) states in the United States 
10 pursuant to a state regulatory structure.
11
12
13
14 (a)  The commission shall regulate interactive gaming 
15 and interactive gaming operators and vendors.
16
17 (b)  The commission shall promulgate rules to 
18 implement this article. The rules the commission 
19 promulgates shall establish standards and procedures for 
20 interactive gaming and associated interactive gaming 
21 platforms. The rules shall include:
22 2025STATE OF WYOMING25LSO-02927HB01621 (i)  Governance of the conduct of interactive 
2 gaming and the system of wagering associated with 
3 interactive gaming, including all of the following:
4
5 (A)  Terms and conditions for interactive 
6 gaming that are compliant with all applicable federal laws;
7
8 (B)  Identification of the types of 
9 interactive games upon which wagers may be accepted;
10
11 (C)  The manner in which interactive gaming 
12 wagers are received and payoffs are remitted;
13
14 (D)  Procedures for managing and resolving 
15 suspected cheating, irregularities and complaints;
16
17 (E)  A requirement that a patron shall be 
18 physically present in Wyoming when making a wager unless 
19 the patron is physically present in a permissible 
20 jurisdiction;
21
22 (F)  A requirement for each interactive 
23 gaming operator to use a geolocation system to ensure that  2025STATE OF WYOMING25LSO-02928HB0162
1 a patron making an interactive gaming wager is physically 
2 present in the state when making the wager unless the 
3 patron is physically present in a permissible jurisdiction;
4
5 (G)  Internal controls for all aspects of 
6 interactive gaming, including procedures for system 
7 integrity, system security, operations and accounting; 
8
9 (H)  Operational controls for interactive 
10 gaming accounts;
11
12 (J)  Procedures to ensure that interactive 
13 gaming operators do not offer prohibited interactive games;
14
15 (K)  Requirements for the offering of live 
16 game simulcasting, which shall be permitted to be conducted 
17 from live interactive game studio premises in any location 
18 and shall not be located in Wyoming. 
19
20 (ii)  Methods for calculating interactive gaming 
21 revenue and standards for the counting and recording of 
22 money and things of monetary value received in the conduct  2025STATE OF WYOMING25LSO-02929HB0162
1 of interactive gaming, including requirements for internal 
2 controls, financial records and audits;
3
4 (iii)  Reasonable minimum qualifications for 
5 interactive gaming operators and vendors;
6
7 (iv)  Any other matters necessary for overseeing 
8 interactive gaming and interactive gaming operators and 
9 vendors.
10
11 (c)  In promulgating rules pursuant to this section, 
12 the commission shall examine the regulations implemented in 
13 Wyoming for online sports wagering and regulations 
14 promulgated in other states where interactive gaming is 
15 conducted and shall, as far as practicable, adopt a similar 
16 regulatory framework to maximize revenue generated to the 
17 state.
18
19 (d)  Interactive gaming shall not be conducted from 
20 any physical location designed for a patron to physically 
21 visit to place a wager. Interactive gaming shall be deemed 
22 to take place at the location of the patron participating  2025STATE OF WYOMING25LSO-029210HB0162
1 in an interactive game and not the location of the server 
2 of an interactive gaming permittee or any other location.
3
4 (e)  The commission shall develop a compliance program 
5 that includes establishing procedures to review interactive 
6 gaming and related activities occurring in the state to 
7 ensure compliance with and enforcement of this article. The 
8 program shall include review and evaluation of the conduct 
9 of:
10
11 (i)  Interactive gaming operators, interactive 
12 gaming vendors, qualified gaming entities, patrons and any 
13 other person permitted or authorized to engage in 
14 activities under this article; and
15
16 (ii)  Persons operating without a valid permit 
17 under this article, engaging in activities not authorized 
18 or regulated under this article or pursuing or engaging in 
19 activities otherwise in violation of this article.
20
21
22 2025STATE OF WYOMING25LSO-029211HB01621 (a)  An interactive gaming operator shall possess a 
2 permit issued by the commission to accept interactive 
3 gaming wagers. No operator shall accept interactive gaming 
4 wagers without holding a valid permit issued by the 
5 commission.
6
7 (b)  A qualified gaming entity applying for an 
8 interactive gaming operator permit shall do so on an 
9 application furnished by the commission. The commission 
10 shall offer an abbreviated application for a qualified 
11 gaming entity that holds an online sports wagering operator 
12 permit in Wyoming pursuant to W.S. 9-24-103, and the 
13 commission may consider an online sports wagering operator 
14 permitholder fully qualified to hold an interactive gaming 
15 operator permit under this section without additional 
16 investigation. The fee for both an initial application and 
17 renewal application shall be two thousand five hundred 
18 dollars ($2,500.00). The application shall require an 
19 applicant, at a minimum, to provide all information 
20 required by W.S. 9-24-103(b) and any additional information 
21 required by commission rules.
22 2025STATE OF WYOMING25LSO-029212HB01621 (c)  The commission shall charge a permit fee of one 
2 hundred thousand dollars ($100,000.00) for an initial 
3 interactive gaming operator permit. An initial permit and 
4 any renewal permit shall each be valid for five (5) years. 
5 The commission shall charge a fee of fifty thousand dollars 
6 ($50,000.00) for renewal of an interactive gaming operator 
7 permit.
8
9 (d)  An interactive gaming vendor shall possess a 
10 permit issued by the commission to conduct business in the 
11 state. No person shall provide vendor services to an 
12 interactive gaming operator without holding a valid permit 
13 issued by the commission.
14
15 (e)  The commission shall charge a fee of ten thousand 
16 dollars ($10,000.00) for an initial interactive gaming 
17 vendor permit. An initial permit and any renewal permit 
18 shall each be valid for five (5) years. The commission 
19 shall charge a fee of five thousand dollars ($5,000.00) for 
20 renewal of an interactive gaming vendor permit.
21
22 (f)  Interactive gaming operator and interactive 
23 gaming vendor permit fees charged pursuant to subsections  2025STATE OF WYOMING25LSO-029213HB0162
1 (c) and (e) of this section shall be deposited in the 
2 commission gaming account. Subject to legislative 
3 appropriation, amounts within the account may be used by 
4 the commission for all expenses incurred in administering 
5 this article. On a quarterly basis, the commission shall 
6 transfer amounts within the account in excess of five 
7 hundred thousand dollars ($500,000.00) to the state 
8 treasurer for credit to the general fund.
9
10 (g)  The following persons are considered to be 
11 interactive gaming operator permit applicants or permit 
12 holders:
13
14 (i)  Each holding company, parent company or 
15 subsidiary company of the applicant or permit holder; 
16
17 (ii)  Each person, except for a bank or other 
18 licensed lending institution that holds a mortgage or other 
19 lien acquired in the ordinary course of business, who owns 
20 fifteen percent (15%) or more of an applicant or permit 
21 holder and has the ability to:
22 2025STATE OF WYOMING25LSO-029214HB01621 (A)  Control the activities of the applicant 
2 or permit holder; or
3
4 (B)  Elect a majority of the board of the 
5 applicant or permit holder. 
6
7 (iii)  Any person the commission otherwise 
8 determines has the ability to control the noncorporate 
9 applicant or permit holder;
10
11 (iv)  Key personnel of an applicant or permit 
12 holder, including any executive, employee or agent having 
13 the power to exercise ultimate decision making authority 
14 over the applicant's or permit holder's interactive gaming 
15 operations in this state.
16
17 (h)  The commission shall, not more than ninety (90) 
18 days after the date of receipt of an application for a 
19 permit or renewal of a permit, either:
20
21 (i)  Issue the permit; or
22 2025STATE OF WYOMING25LSO-029215HB01621 (ii)  Deny the application based on the grounds 
2 that the applicant failed to qualify as provided by 
3 subsection (j) of this section.
4
5 (j)  The commission shall deny an application under 
6 this section to anyone, including persons listed under 
7 subsection (g) of this section, upon finding any of the 
8 following:
9
10 (i)  The applicant or permit holder has been 
11 convicted of, forfeited bail on or pleaded guilty or nolo 
12 contendere to:
13
14 (A)  A crime involving theft, dishonesty or 
15 fraud;
16
17 (B)  The crime of bribery or unlawfully 
18 influencing a public official;
19
20 (C)  A felony crime involving physical harm 
21 to a person; or
22 2025STATE OF WYOMING25LSO-029216HB01621 (D)  Any other crime identified by rule of 
2 the commission that negatively impacts the applicant's 
3 credibility or the security, integrity or fairness of 
4 interactive gaming.
5
6 (ii)  The applicant intentionally tampered with 
7 submitted documentation or concealed, failed to disclose or 
8 otherwise attempted to mislead the commission with respect 
9 to any material fact contained in the application or 
10 contained in any other information required of or submitted 
11 by an applicant to the commission;
12
13 (iii)  The applicant or permit holder failed or 
14 refused to cooperate in the investigation of a crime 
15 related to gambling, corruption of a public official or any 
16 organized criminal activity;
17
18 (iv)  The applicant or permit holder 
19 intentionally failed to disclose the existence or identity 
20 of other persons who have control of the applicant or 
21 permit holder as required by this section;
22 2025STATE OF WYOMING25LSO-029217HB01621 (v)  The applicant or permit holder does not 
2 demonstrate financial responsibility sufficient to 
3 adequately meet the requirements of this article, as 
4 specified by rule of the commission; or
5
6 (vi)  The applicant or permit holder has not met 
7 the requirements of this section, any other provision of 
8 this article or commission rules.
9
10 (k)  Given a sufficient number of qualified 
11 applicants, at any one (1) time the commission shall issue 
12 not less than five (5) interactive gaming operator permits 
13 to applicants that satisfy the requirements of this 
14 article. If an insufficient number of applicants apply for 
15 an interactive gaming operator permit, this provision shall 
16 not be interpreted to direct the commission to issue a 
17 permit to an unqualified applicant.
18
19 (m)  Subject to subsection (k) of this section and the 
20 requirements of this article, the commission may give 
21 preference to an interactive gaming vendor that is 
22 currently operating in good standing in a similar role in 
23 at least three (3) states in the United States under a  2025STATE OF WYOMING25LSO-029218HB0162
1 state regulatory structure and that has paid all required 
2 fees under subsection (e) of this section when making 
3 interactive gaming operator permit application 
4 determinations.
5
6 (n)  Permit holders under this article shall have an 
7 ongoing obligation to disclose in writing any material 
8 change in the information provided in the application to 
9 the commission, including:
10
11 (i)  Changes to names and contact information; 
12
13 (ii)  Arrests, convictions, guilty or nolo 
14 contendere pleas, disciplinary actions or permit denials in 
15 Wyoming or any other jurisdiction;
16
17 (iii)  Any civil action brought against the 
18 permit holder related to gaming; and
19
20 (iv)  Any other information specified by rule of 
21 the commission.
22 2025STATE OF WYOMING25LSO-029219HB01621 (o)  If the commission denies an application or 
2 intends to revoke or suspend a permit issued under this 
3 article, it shall notify the applicant or permittee in 
4 writing, stating the grounds for denial, revocation or 
5 suspension and inform the person of a right to submit, 
6 within thirty (30) days, any additional documentation 
7 relating to the grounds for denial, revocation or 
8 suspension. Upon receiving any additional documentation, 
9 the commission shall reconsider its decision and inform the 
10 applicant of its decision within not more than twenty (20) 
11 days of the submission of information for reconsideration. 
12 If the commission finds that public safety or welfare 
13 requires emergency action, and incorporates a finding to 
14 that effect in its order, summary suspension of a permit 
15 may be ordered pending proceedings for revocation or other 
16 action. A denial of an application or a revocation or 
17 suspension of a permit under this article shall be subject 
18 to the contested case procedures of the Wyoming 
19 Administrative Procedure Act.
20
21
22 2025STATE OF WYOMING25LSO-029220HB01621 (a)  Not later than the fifteenth day of each month, 
2 in accordance with commission rules, an interactive gaming 
3 operator shall remit sixteen percent (16%) of its 
4 interactive gaming revenue from the prior month to the 
5 commission. The first three hundred thousand dollars 
6 ($300,000.00) of interactive gaming revenue collected under 
7 this section shall be continuously appropriated to the 
8 department of health to be distributed to the counties for 
9 the purpose of funding county health programs to prevent 
10 and treat problematic gaming behavior. Of the remaining 
11 revenue, the commission shall remit these monies to the 
12 state treasurer for distribution as follows:
13
14 (i)  Forty percent (40%) to the counties whose 
15 shares shall be based upon population;
16
17 (ii)  Fifty percent (50%) to the school 
18 foundation program account;
19
20 (iii)  Ten percent (10%) to the commission gaming 
21 account, a portion of which shall cover administrative 
22 costs and expenses.
23 2025STATE OF WYOMING25LSO-029221HB01621
2
3 No person under the age of twenty-one (21) years shall 
4 engage in interactive gaming.
5
6
7
8 (a)  The state may enter into reciprocal agreements 
9 with permissible jurisdictions for the conduct of 
10 interactive gaming, provided the agreements are not 
11 inconsistent with federal law and the law of the 
12 jurisdiction in which the person placing a wager is 
13 located.
14
15 (b)  An interactive gaming operator in this state may 
16 accept interactive gaming wagers from persons physically 
17 located in a permissible jurisdiction pursuant to a 
18 reciprocal agreement.
19
20 (c)  A reciprocal agreement with a permissible 
21 jurisdiction may allow a person physically located in this 
22 state to place a wager on an interactive game offered  2025STATE OF WYOMING25LSO-029222HB0162
1 pursuant to a regulatory structure in the permissible 
2 jurisdiction.
3
4
5
6 (a)  Any person who knowingly accepts an interactive 
7 gaming wager or otherwise operates a business of 
8 interactive gaming and does not possess a valid permit 
9 issued by the commission under this article shall be 
10 subject to the following, in addition to any penalty 
11 imposed under W.S. 6-7-102:
12
13 (i)  For a first offense, a civil penalty of 
14 fifty thousand dollars ($50,000.00);
15
16 (ii)  For a second or subsequent offense, a civil 
17 penalty of one hundred thousand dollars ($100,000.00).
18
19 (b)  Any person that allows a person under the age of 
20 twenty‑one (21) years to engage in interactive gaming or who 
21 does not possess a valid permit issued by the commission 
22 under this article and that provides or makes available 
23 computers or devices to enable members of the public to  2025STATE OF WYOMING25LSO-029223HB0162
1 participate in interactive gaming in a specific place, or 
2 that establishes or maintains a facility for the conduct of 
3 interactive gaming by members of the public, shall be 
4 subject to the following, in addition to any penalty 
5 imposed under W.S. 6-7-102:
6
7 (i)  For a first offense, a civil penalty of 
8 twenty-five thousand dollars ($25,000.00); 
9
10 (ii)  For a second or subsequent offense, a civil 
11 penalty of fifty thousand dollars ($50,000.00).
12
13 (c)  If a series of similar events result in a 
14 violation under this article, those events that occur 
15 within the same month shall be treated as one (1) offense 
16 and not separate and distinct offenses.
17
18W.S. 6-7-101(a)(iii) by creating a new 
19 subparagraph (P) and 11-25-104(o) by creating a new 
20 paragraph (iii) are amended to read:
21
22
23 2025STATE OF WYOMING25LSO-029224HB01621 (a)  As used in this article:
2
3 (iii)  "Gambling" means risking any property for 
4 gain contingent in whole or in part upon lot, chance, the 
5 operation of a gambling device or the happening or outcome 
6 of an event, including a sporting event, over which the 
7 person taking a risk has no control, but does not include 
8 any of the following:
9
10
11
12
13
14
15
16
17 (o)  In addition to all other duties, the commission, 
18 in the reasonable exercise of its discretion, shall:
19
20
21
22
23 2025STATE OF WYOMING25LSO-029225HB01621.  Not later than December 31, 2025 the 
2 gaming commission shall promulgate rules required by this 
3 act.
4
5
6
7 (a)  Except as provided in subsection (b) of this 
8 section, this act is effective immediately upon completion 
9 of all acts necessary for a bill to become law as provided 
10 by Article 4, Section 8 of the Wyoming Constitution.
11
12 (b)  Sections 1 and 2 of this act are effective 
13 January 1, 2026.
14
15 (END)